JAWAHARLAL MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 7.7.2004 passed by the Chief Judicial Magistrate, Madhubani in CR No. 738 of 2004 whereby the learned Magistrate has taken cognizance under Sections 420 and 406 of the Indian Penal Code and has directed to issue summons against petitioner Jawaharlal Mahto to face trial.

(2.) THE case of the complainant Branch Manager, Industrial Area, Pandaul (Bihar State Financial Corporation), Madhubani (Opposite Party No. 2) is that for starting Jawahar Medical Industry, the petitioner was given loan on different dates, the total amounting to Rs. 5,95,905.77 P. The petitioner had to construct a building and purchase plants and machines. After purchase of the plants and machines the same were hypothecated to the Bihar State Financial Corporation. However, when on 27.9.1992 the site of the above building was inspected, some of the plants and machines as noted in the complaint petition, were found missing. When the petitioner was asked to produce those machines at the spot, he failed to do so and, hence, the complainant was convinced that the petitioner had committed breach of trust. He accordingly filed the above complaint petition.

(3.) LEARNED Counsel for the petitioner submitted that the complainant was not a public servant and the order has been passed without examining the complainant on solemn affirmation. Therefore, the impugned order is illegal. He further submitted that no offence under Section 406 and 420 of the Indian Penal Code is made out on the allegations made in the complaint petition.